Rice Lake Creamery Co.

26 Cited authorities

Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 871 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
Labor Board v. Seven-Up Co.
344 U.S. 344 (1953) Cited 368 times
Upholding the Board's application of a back pay remedy different from that previously imposed in similar cases, despite no announcement of new remedial rule in rulemaking proceeding
Nathanson v. Labor Board
344 U.S. 25 (1952) Cited 279 times
Holding that "if one claimant is to be preferred over others, the purpose should be clear from the statute"
Labor Board v. Gullett Gin Co.
340 U.S. 361 (1951) Cited 211 times 2 Legal Analyses
Holding unemployment compensation payments not deductible from back pay award under the National Labor Relations Act
Labor Board v. Deena Artware
361 U.S. 398 (1960) Cited 139 times
Ruling that derivative liability could be imposed on the basis of single employer status
Inland Steel Co. v. National Labor Rel. Board
170 F.2d 247 (7th Cir. 1949) Cited 156 times 2 Legal Analyses
Accepting the Board's conclusion "that the term `wages' . . . must be construed to include emoluments of value, like pension and insurance benefits, which may accrue to employees out of their employment relationship"
N.L.R.B. v. Brown Root, Inc.
311 F.2d 447 (8th Cir. 1963) Cited 71 times
In N.L.R.B. v. Brown Root, Inc., 311 F.2d 447, 454 (C.A. 8), it is said that "in a back pay proceeding the burden is upon the General Counsel to show the gross amounts of back pay due.
Nabors v. N.L.R.B
323 F.2d 686 (5th Cir. 1963) Cited 59 times
Holding that NLRB acts in public capacity and “[t]he fact that these proceedings operate to confer an incidental benefit on private persons does not detract from this public purpose”
N.L.R.B. v. Ozark Hardwood Company
282 F.2d 1 (8th Cir. 1960) Cited 35 times
In N.L.R.B. v. Ozark Hardwood Co., 282 F.2d 1 (8th Cir. 1960), the 8th Circuit also indicated that courts of appeals could make successorship determinations.

Rice Lake Creamery Co.

26 Cited authorities

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

Upholding the Board's application of a back pay remedy different from that previously imposed in similar cases, despite no announcement of new remedial rule in rulemaking proceeding

Holding that "if one claimant is to be preferred over others, the purpose should be clear from the statute"

Holding unemployment compensation payments not deductible from back pay award under the National Labor Relations Act

Ruling that derivative liability could be imposed on the basis of single employer status

Accepting the Board's conclusion "that the term `wages' . . . must be construed to include emoluments of value, like pension and insurance benefits, which may accrue to employees out of their employment relationship"

In N.L.R.B. v. Brown Root, Inc., 311 F.2d 447, 454 (C.A. 8), it is said that "in a back pay proceeding the burden is upon the General Counsel to show the gross amounts of back pay due.

Holding that NLRB acts in public capacity and “[t]he fact that these proceedings operate to confer an incidental benefit on private persons does not detract from this public purpose”

In N.L.R.B. v. Ozark Hardwood Co., 282 F.2d 1 (8th Cir. 1960), the 8th Circuit also indicated that courts of appeals could make successorship determinations.